친자관계소송에서의 DNA감정

• 영문명: A Study on DNA Paternity Testing
• 발행기관: 충북대학교 법학연구소
• 저자명: 김원태(Kim Won-Tae)
• 간행물 정보: 『법학연구』第19卷 第1號 (2008), 355~379쪽, 전체 25쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2008.06.01

영문 초록

  Owing to today"s development of scientific methods of appraisal, DNA Paternity Testing is being used to be a influential method to verify parentage. It may be said that genetic truthfulness in parentage tends to be strengthened because of the development of scientific appraisal methods. The author in this study identified the problems of parentage and DNA Paternity Testing centered on domestic litigation in the realm of procedural law, in relation to the issues caused from the tendency.
  Consideration of comparative law showed that German and Swiss laws are strongly inclined to genetic truthfulness in particular. Various countries have inspection order system on scientific tests including DNA Paternity Testing, but countermeasures of those countries toward test refusal are diversified. Germany serves as an example of legislation in which direct enforcement added to indirect enforcement is introduced. Given that scientific methods such as blood type or gene tests are regarded as the most influential evidence in today"s verification of parentage, it may be most positive that direct enforcement should be also approved when enforcement system is introduced.
  However, Paternity Testing by using of genetic phenomena is insufficient to directly verify biological parentage, and it only present stochastic parentage index or a possibility of paternity through calculation of parentage probability. Therefore, it may be problematic attitude giving absolute reliability to and depending only on the results of DNA tests.
  Conclusively in paternity suit, it is necessary to judge under the consideration of "welfare of child" or "the best interests of child."

목차

Ⅰ. 서설
Ⅱ. 친자감정에 관한 외국의 입법례
Ⅲ. 친자관계소송에서의 친자관계 증명
Ⅳ. DNA친자감정 강제의 문제
Ⅴ. 결론
참고문헌
【Abstract】

키워드

친자관계소송 DNA감정 혈액형 등의 수검명령 유전인자의 검사 가사소송법 제29조 친생부인의 소 인지청구의 소 친자관계존부확인의 소 Paternity suit DNA Paternity Testing inspection order on blood types et al. gene test Article 7 of the Family Law Litigation Act Action of denial of paternity Action of acknowledgement request Action of parentage identification